Table of Contents:
Article 1 : Definitions
Article 2 : Identity of the entrepreneur
Article 3 : Applicability
Article 4 : The offer
Article 5 : The agreement
Article 6 : Right of withdrawal
Article 7 : Costs in case of withdrawal
Article 8 : Exclusion right of withdrawal
Article 9 : The price
Article 10 : Conformity and guarantee
Article 11 : Delivery and execution
Article 12 : Duration transactions
Article 13 : Payment
Article 14: Complaints procedure
Article 15 : Disputes
Article 16 : Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions shall apply:
1. Grace period: The period within which the consumer can exercise his right of withdrawal;
2. Consumer: The natural person who does not act in the exercise of occupation or business and agrees to a contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance agreement with respect to a range of products and / or services, whose delivery and / or purchase obligation has been spread over time;
5. Sustainable data carrier: Any means that allows the consumer or entrepreneur to store information that is personalized to him in a way that allows future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: The possibility for the consumer to refrain from the distance agreement within the concealment period;
7. Entrepreneur: The natural or legal person who offers products and / or services at a distance to consumers;
8. Remote agreement: an agreement whereby only one or more remote communication techniques are used in the context of an enterprise-based system for distance selling of products and / or services, until the conclusion of the agreement.
9. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and trader being in the same room at the same time.
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Article 2 - Identity of the entrepreneur
BootsandWoods;
Dwingel 33;
Phone number: (+31(0)6-20799005
E-mail address: info@bootsandwoods.nl
Chamber of Commerce: 68820410
VAT identification number: NL857606335B01
If the activity of the entrepreneur is subject to a relevant licensing system: the
Data on the supervisory authority:
If the entrepreneur exercises a regulated profession:
– the professional association or organization with which he is affiliated;
– the professional title, the place in the EU or the European Economic Area where it was awarded;
– a reference to the professional rules that apply in the Netherlands and instructions where and how these professional rules can be accessed.
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Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the remote agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, before the agreement is concluded on a remote basis, it is indicated that the terms and conditions of the entrepreneur will be shown and sent free of charge at the request of the consumer as soon as possible.
3. If the contract is concluded electronically away, notwithstanding the preceding paragraph and before the contract is concluded, the text of these general conditions are made electronically available to the consumer in such a way that the consumer in a simple way can be stored on a durable medium. If this is not reasonably possible, before the contract is concluded, indicated where the general conditions can be inspected electronically and that at the request of the consumer electronically or otherwise will be sent free of charge.
4. In the event that, in addition to these general terms and conditions, specific product or service terms apply, the second and third paragraphs apply mutatis mutandis and, in the event of contradictory terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him is.
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Article 4 - The offer
1. If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and / or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
* the price including taxes;
* the possible costs of delivery;
* the way in which the agreement will be concluded and which actions are required for this;
* whether or not the right of withdrawal applies;
* the method of payment, delivery and performance of the agreement;
* the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;
* the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
* whether the agreement will be filed after the conclusion, and if so, how it can be consulted by the consumer;
* the way in which the consumer, before concluding the agreement, can check the information provided by him under the agreement and, if desired, restore it
* any other languages in which, in addition to Dutch, the agreement can be concluded;
* the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
* the minimum duration of the distance contract in case of a duration transaction.
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Article 5 - The Agreement
1. The agreement is subject to the provisions of paragraph 4, concluded at the time of acceptance by the consumer of the offer and meet the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can inform himself – within legal frameworks – whether the consumer can meet his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The business owner shall provide the consumer with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
the visiting address of the establishment of the business where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer of the right of withdrawal may be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing post-purchase service;
d. the information contained in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer prior to the performance of the agreement;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
6. In the event of an extended transaction is the provision in the previous paragraph applies only to the first delivery.
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Article 6 - Right of withdrawal
When delivering products:
1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons during 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
On delivery of services:
3. Upon delivery of services, the consumer has the option of dissolving the contract without giving any reason for at least fourteen days, starting on the day of entering into the contract.
4. In order to use his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and / or appearance at the time of delivery.
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Article 7 - Cost in case of revocation
1. If the consumer makes use of his right of withdrawal, the costs of return will be borne at most.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than within 30 days after the return or cancellation.
3. The costs incurred when using the payment options offered at checkout will be deducted from your invoice. These are the fixed costs of the payment method and a percentage of the amount determined by the payment method itself. An Ideal payment or amounts deposited via the bank account is free (only in the Netherlands)
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Article 8 - Exclusion of right of withdrawal
1. The entrepreneur can exclude the consumer's right of withdrawal to the extent provided for in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a by the trader in accordance with specifications of the consumer;
b. that are clearly personal in nature;
c. which can not be returned because of their nature;
d. which can quickly deteriorate or expire;
e. whose price depends on fluctuations in the financial market over which the trader has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software that the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. to perform accommodation, transport, restaurant or leisure activities on a particular date or during a specified period;
b. whose delivery has been explicitly agreed by the consumer before the period of reflection has expired;
c. regarding bets and lotteries.
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Article 9 - The price
1. During the period mentioned in the offer prices of the products and / or services have not increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control, at variable prices. These fluctuations and the fact that any price targets, are at the offer.
3. Price increases within 3 months are allowed only after the conclusion of the agreement if they are the result of legislation or regulations.
4. Price increases 3 months after the conclusion of the contract are only allowed if the trader has agreed and:
they are the result of laws or regulations, or
b. the consumer has the power to terminate as of the date the increase takes effect.
5. The prices include VAT mentioned in the supply of products or services.
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Article 10 - Conformity and Warranty
1. The operator guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensure that the product is suitable for other than normal use.
2. A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may apply to the entrepreneur under the agreement.
3. The products consist of natural materials, which may differ in color and thickness of the material from those on the product photos, no legal rights apply here
and/or consumer claims.
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Article 11 - Delivery and execution
1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has notified to the company.
3. Taking into account what is stated about this in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than within 30 days after dissolution.
5. If delivery of a ordered product proves impossible, the entrepreneur will make an effort to make a replacement article available. Delivery will be reported in a clear and comprehensible manner that a replacement article is delivered. For replacement items right of withdrawal can not be excluded. The cost of any return shipping is at the expense of the entrepreneur.
6. The risk of damage and / or loss of products rests upon the trader up to the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.
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Article 12 - Duration transactions
1. The consumer can cancel an agreement that has been entered into for an indefinite period at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. An agreement entered into for a definite period has a maximum term of two years. If it has been agreed that the distance agreement will be extended if the consumer remains silent, the agreement will be continued as an agreement for an indefinite period of time and the notice period after continuation of the agreement will be a maximum of one month.
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Article 13 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period as referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service (s), before the stipulated advance payment has been made.
3. The consumer is obliged to report immediately to the trader any inaccuracies in data supplied or specified payment.
4. In case of non-payment by the consumer, the entrepreneur has the right to charge the reasonable costs announced to the consumer, subject to legal restrictions.
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Article 14 - Complaints
1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. When entrepreneur complaints within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, is answered by the operator within the period of 14 days, confirming receipt and indicating when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
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Article 15 - Disputes
1. On agreements between the entrepreneur and the consumer of these terms refer only to Dutch law.
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Article 16 Additional or different provisions
Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium. Consumers in an accessible manner
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